K.N.SETH,J. - (1.) THE present proceeding against Radhey Shyam, Tripathi. Superintendent, and Surya Mani Chaube, Assistant Jailor Central Jail, Naini, for contempt of this Court was taken suo motu on the statement made by Bhola Dutt Joshi when he appeared before the Court on 20 -10 -1982 in connection with the hearing of the habeas corpus petition filed by him The circumstances in which the proceeding was initiated are as follows : Bhola Dutt Joshi in Sessions Trial No. A 448 of 1974. was convicted and sentenced to imprisonment for life on being found guilty of having committed the murder of his minor daughter said to seven years' rigorous imprisonment under Section 307, I.P.C. for the attempt -fed murder of his wife. While he was lodged in the Central Jail. Bareilly, serious disturbance occurred which led to firing resulting in the death of some prisoners and injuries to some others. Joshi along with some others was transferred to the Central Jail, Naini, on 20 -1 -1982. On July 8. 1982. a habeas corpus petition by Bhola Dutt Joshi was presented in this Court. It was alleged that the petitioner was being illegally kept in solitary confinement and in iron fetters. This petition did not come to this Court through jail authorities. The Court took cognizance of the case and directed issue of notice to Radhey Shyam Tripathi. Superintendent, Central Jail, Naini, who was impleaded as a respondent to the petition. A counter affidavit on behalf of the respondent sworn by Paras Nath Srivastava Jailor. Central Jail Naini was filed on 30 -8 -1982, a copy of which was served on Joshi who was granted time to file a rejoinder affidavit and the case was directed to be listed on 16 -9 -1982. On that date an application was made by Joshi alleging that he was asked to write out his reply in the office of the Superintendent, Central Jail. Naini, as directed by him which the petitioner refused to accept. He was then warned and threatened with dire consequences after the writ petition was disposed of. It was further alleged that Charles Sobhraj, who had drafted his habeas corpus petition, was also subjected to torture. A grievance was also made that the petitioner was not being supplied with pen and paper to write out his reply. A prayer was made for making suitable arrangement for his safety and that after the disposal of the petition he may be transferred to sortie other Central Jail The Court on that very date directed that writing facility be made available to the petitioner in Court. The petitioner wrote out his reply. A prayer was also appended to the effect. that since the jail authorities were threatening him with dire consequences, he may be transferred to some other jail and a direction be issued for his safety, a copy of the reply was served on the Government Advocate. The matter was listed in Court on 30 -9 -1982, but could not be taken up for hearing.
(2.) THE habeas corpus petition came up for hearing before us on 20 -10 -1982. The record contained an application of Bhola Dutt Joshi, dated 9 -10 -1982, which was forwarded to this Court through the jail authorities. It was stated in the application that the petitioner had no grievance and the habeas corpus petition had been moved under a mistake and was wrong for which he wanted to be excused and that he did not want to press that petition as he was now suffering no inconvenience in the Central Jail, Naini. A prayer was made that the petition be allowed to be withdrawn. The detenu was present in Court and when asked whether he had made the application for withdrawing the petition, he narrated the. circumstances under which he was compelled to make the application. We directed Joshi to give his statement in writing. Writing material was made available to him. The substance of that statement is that on 1 -10 -1982. at about 7.00 P. M. while he was engaged in Puja the lock of his cell was opened and seven -eight Pakkas along with the Head Warder Ram Nidh entered the cell. He was asked to come out as the Saheb was waiting for him. When he requested that he be permitted to complete his Puja, he was asked to hurry up and that his Puja would be done before the Superintendent. He was brought to the office of the Jailor where the Superintendent Sri Radhey Shyam Tripathi and the Assistant Jailor Sri Surya Mani Chaube and other officers, whose names he did not know, were present. There he was asked by the Superintendent whether he had filed a writ petition in the High Court and on his answering in the affirmative he was asked why it had been filed. The petitioner replied that he had requested him on a couple of occasions that he may not be kept in solitary confinement and that his fetters be removed but no heed was paid to his request which compelled him to seek protection of Court. The Superintendent then retorted that you get relief from the Court and added that the function of the Court was to punish and it was their job to see how the sentence was carried out. The petitioner replied that the Court punishes under the law and the sentence should also be carried out in, accordance with law. This infuriated the Superintendent who burst out hurling abuses and then directed the Pakkas to throw him down who immediately did so and started hitting on the inner part of his feet. After 20 -25 blows had been inflicted the Superintendent again enquired whether he had come to his senses and asked him to disclose the name of the person who had taken out the writ petition to which he replied that it was done by a warder. The Superintendent did not believe and again hurled abuses on him and directed the Pakkas to shoe beat him which direction was also carried out. He was again threatened to disclose the name. Since he remained silent, the Superintendent directed that his beard and moustache be plucked which was carried out by the Pakkas, On his refusal to disclose the name, the Superintendent directed that he be put in fetters and kept in the mental ward. Fetters were put on the petitioner and he was lodged in cell No. 27 of the Pagalkhana. About ten minutes later Surya Mani Chaube came there and he was asked to put off his clothes. On the direction of the Jailor he was thrown on the ground, a Pakka sat on his back and another one on his knees and chilly water was injected in his anus which made him shriek and shout in pain His mouth was closed and he felt suffocated. He was again asked the same question and he reiterated his answer which did not satisfy the Jailor. His hands were extended beyond the iron bars of the cell and handcuff was put. When he stated that he would put an end to his life, the Jailor replied that he would just cut a bar and only one Government cartridge would be spent and it would be given out that he was trying to escape. He was reminded' that even the place from where he had been transferred five prisoners had been shot dead and nothing happened and the same Superintendent was still on duty in that jail. The petitioner spent the night in that condition and could not get even a wink of sleep. Even water was denied to him by the man on duty. On 2 -10 -1982, the Superintendent again asked him if he, had come to his senses. On the request of the petitioner to set him free, the Jailor agreed to remove the handcuff if he withdraw his writ petition. The petitioner agreed to do so hoping that when he would appear in Court on 20 -10 -1982, he would tell the correct facts to the Court. The handcuffs were removed and the orderly was asked to bring papers which he did and the petitioner appended his signatures on two sheets. He was again put behind bars. Before he could get sleep, a barber prisoner came there and asked him to get shaved as directed by the Jailor. The petitioner stated that death anniversary of his father was in December and he would not get himself shaved before that date when he had remained unshaven for ten months. The barber went back but five minutes later the Jailor with his party appeared and asked the petitioner to get himself shaved which he unwillingly did. He was, however, refused permission to have bath. On 9th October the Jailor visited him again and asked him to withdraw the writ petition promising that he would be given all facilities. When' the petitioner replied that his signatures had already been taken on two papers. he was asked to write the application in his own hand which he unwillingly agreed to do and thereafter he was supplied with a set of clothes, soap, toothpaste etc. He was then taken to the office of the Jailor and he wrote out what the Jailor dictated.
(3.) AFTER perusing the statement of Joshi the Court directed that he be medically examined which was done the same day by the Medical Officer on emergency duty in the Tej Bahadur Sapru Hospital. The Court also issued direction that the petitioner be not sent back to the Central Jail Naini and suitable arrangement be made for his custody during the night of 20 -10 -1982. Next day on being prima facie satisfied that the acts attributed to Radhey Shvam Tripathi and Surya Mani Chaube amounted to criminal contempt the Court directed notices to be issued to the respondents to show cause why they be not punished for contempt of court. The notices were served on them in Court, A copy of the statement of Joshi was also handed over to them.;